Virginia Sample Letter for Violation of Noncompetition Agreement
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How to fill out Sample Letter For Violation Of Noncompetition Agreement?
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FAQ
Responding to a Cease and Desist Letter Here is what you should do: Consult with a lawyer experienced in non-compete agreements. If it appears to be a misunderstanding, consider reaching out to your former employer to clarify. In most cases, have your lawyer craft a written response to the cease and desist letter.
In Virginia, non-compete agreements are enforceable if an employer can show: the restriction is ?no greater than is necessary to protect the employer's legitimate business interest?; the agreement is not excessively severe or oppressive in restricting the employee's ability to find another job or make an income; and.
A "cease and desist" letter is usually a letter from a former employer's attorneys accusing you of violating a non compete agreement and demanding that you stop doing whatever it is you are doing that they believe is a violation.
Call a Virginia Non-Compete Disputes Attorney A Virginia non-compete disputes lawyer may be able to help parties navigate these clauses and disputes involving non-compete clauses. A legal professional could draft clauses that are likely to hold up in court or help employees to evaluate the legality of their contracts.
Virginia courts do not recognize the ?blue pencil rule.? In Virginia, if a court finds that a non-compete is unenforceable, the court will not modify the language to create a reasonable restriction. Instead, the entire non-compete will be thrown out.
Thus, it is advisable for employers to not have workers sign noncompete agreements if their eligible salary is around $70,000 or less. Although $70,000 sounds like a high threshold, four other states (Colorado, Illinois, Oregon, Washington) plus Washington, D.C., have thresholds higher than Virginia.
I am writing this letter and desperately requesting a release from this non-compete restraint. I am willing to offer payment or other valuable consideration in exchange for this request. Please contact me at any time to further discuss this matter at [TELEPHONE] or [E-MAIL].
Non-competes must be limited to particular industries or activities. Geographic location: Next, any geographic locations must be reasonable for the specific industry and job involved. This is again evaluated on a case-by-case basis. Duration: Finally, non-competes can be invalidated if their duration is too long.